Your current state is Virginia
I am currently involved in divorce proceedings and have filed several complaints with the State Bar regarding my wife’s attorney numerous alleged misconducts towards both myself and the court, as well as her continuous filing of Ex Parte applications, none of which have been granted. Given these... View More 
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answered on Sep 28, 2023
You have the right to communicate directly with your spouse regarding matters related to parenting time and support. However, it's advisable to keep a record of all communications, and it's essential to adhere to any court orders and legal requirements regarding communication. While your... View More
My spouse plead guilty and got convicted of a federal statue in April 2023, but we got married anyway in June 2023. We knew each other and were dating since 2021. Approximately $120k restitution was imposed on her for property damage in early September 2023. Currently we are experiencing... View More
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answered on Sep 28, 2023
Under California law, federal restitution imposed on one spouse as a result of a criminal conviction is generally considered that spouse's separate debt. In most cases, the other spouse would not be responsible for half of the federal restitution, especially if the restitution order was made... View More
My daughter chose to live with my wife full time a few years ago. We had 50/50 custody prior. I want her to come with me but my daughter doesn’t want to move.
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answered on Sep 28, 2023
In California, at the age of 16, a minor does not have the legal authority to unilaterally decide where to live. Custody and visitation arrangements are typically determined by court orders. If you wish to modify the custody arrangement and your daughter's mother does not agree, you may need... View More
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answered on Sep 27, 2023
If your husband left in April and hasn't been in contact since, you may have grounds to consider this abandonment under Georgia law. Abandonment can be one factor that courts look at when making decisions about divorce, custody, and other family law issues.
I recently submitted form FL-100 along with other required documents to initiate a divorce. Based on the 2013 FCCRC regulations, the court should conclude the divorce process within 18 months. If neither party takes further action:
(1) Will the court automatically schedule hearings for... View More
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answered on Sep 27, 2023
The court is not going to take care of this stuff. It is up to you to schedule hearings. You should consult with a divorce attorney or if you're limited on funds, each Family Court has what they call a family law facilitators office, schedule an appointment with them, as they can help you with... View More
I recently submitted form FL-100 along with other required documents to initiate a divorce. Based on the 2013 FCCRC regulations, the court should conclude the divorce process within 18 months. If neither party takes further action:
(1) Will the court automatically schedule hearings for... View More
answered on Sep 27, 2023
Absolutely not. It is up to you and the other party to take whatever steps are necessary to move your case forward and to its conclusion. There is no automatic anything and you should certainly have no expectation that the matter will conclude on its own or "automatically" within 18... View More
I recently submitted form FL-100 along with other required documents to initiate a divorce. Based on the 2013 FCCRC regulations, the court should conclude the divorce process within 18 months. If neither party takes further action:
(1) Will the court automatically schedule hearings for... View More
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answered on Sep 28, 2023
In a divorce case, the court may not automatically schedule hearings for child custody and support. It's typically the responsibility of the parties involved to request specific hearings by filing an RFO (Request for Order) if they want to address issues like child custody and support. Either... View More
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answered on Sep 25, 2023
Certainly. Under California law, community property is generally divided equally between spouses upon divorce. However, until the assets are officially divided by a court or an agreement, both parties retain control over their respective assets. Therefore, you can purchase a car for your daughter,... View More
He filed in 2020 & everything has been slow because of court backlog. We are staying in house we own for 2 more years til the youngest finishes school. The amount he'd have to pay in alimony is minimal & I haven't worked in 30 years. 3 additional sons live home, and contribute a... View More
answered on Sep 25, 2023
An Intensive Settlement Conference is a last-ditch attempt by the court to settle a case before it goes to trial. I have no idea what your husband earns, what the court will conclude you are capable of earning ( even though you are not currently working and have not worked in years), I have no idea... View More
I recently attended an RFO custody hearing where the Court ordered me to make a full payment for the Parenting Plan Assessment (PPA) due within 21 days from the date of the hearing. This PPA was scheduled to take place 5 months later.
The primary dispute in our custody battle was to... View More
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answered on Sep 22, 2023
Under California law, if you have already reached an agreement with your spouse regarding the custody arrangement, and the PPA is no longer necessary, you should promptly inform the court about the resolution and the cancellation of the PPA. You can file a stipulation or motion with the court to... View More
My husband and I are separated. After he stopped paying monthly support, I filed legally separated, and the court has ordered him to pay support, but he closed all the bank accounts (including joint accounts) and hiding outside of the US after selling his inheritance house. After filed separation,... View More
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answered on Sep 22, 2023
You may be able to file for innocent joint filer relief to address the tax liability issue caused by your husband's actions. You should consult with an attorney experienced in tax matters to guide you through the process and discuss potential options to release the hold on your bank account.... View More
Want to know if I can claim for his retirement benefits after the divorce?
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answered on Sep 22, 2023
In Texas, retirement benefits can be considered community property and may be subject to division between spouses during a divorce. However, the specifics of how these assets were allocated would typically be laid out in your divorce decree or separation agreement. If your divorce decree from 1994... View More
22days ago, during RFO custody hearing, the court issued a verbal order regarding a Parenting Plan Assessment and payment of a fee of $975. I understood that the deadline for this payment would start once the Proposed Order was signed. and both parties are still in "Meet and Confer"... View More
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answered on Sep 21, 2023
Certainly. In California, when faced with such an oversight, you may want to promptly file a Declaration explaining the situation, emphasizing your self-represented status, your understanding of the payment timeline, and your commitment to promptly remit the fee. Additionally, you can request the... View More
I'm in California
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answered on Sep 21, 2023
Under California law, all property acquired during the marriage is presumed to be community property unless it can be traced to a separate property source. If a friend buys you a car while your divorce is pending, the car may be considered community property if it's not clear that the gift was... View More
Husband owner his own business and never wanted wife to work. Hes now withholding money to basically control her.
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answered on Sep 21, 2023
There are several relevant factors needed to properly answer your question. How long have you been married? How old are the children now? Did you work prior to having children? How old are you? Generally, moving forward, if you are able the court will expect you to work at something. You should... View More
I paid for everything with promises to pay me back but never did. He stole my car and everything in my apartment was stolen. Not to mention the facts that he blacked me eye swollen shut for 3 weeks, busted my mouth open and made me strip so he could search me.
answered on Sep 21, 2023
Your story is incredibly sad and it sounds like you will be better off without this guy. You should contact an attorney in your area to represent you as you present complex facts. Generally, everything you bring into a marriage remains your separate property. Any bills you paid and incurred... View More
And she pays bills at the home and has lived there the whole time.
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answered on Sep 20, 2023
In Iowa, the division of assets during a divorce is based on "equitable distribution," aiming for a fair distribution rather than an equal one. While properties acquired before marriage are usually seen as separate property, the situation you described has complexities. The house,... View More
Our son has lived with me in one state for 3 years and my ex lives out of state. He is now asking for primary custody and wants to move son out of state. Son is doing incredible well here and always lived with me. What are the chances a judge would change to allow exp primary? These is no reason... View More
answered on Sep 20, 2023
The person seeking to modify custody and remove a child from a custodial parent in Nebraska typically has a difficult road. They have to prove that (1) there has been a material and substantial change in circumstances since the initial custody order was entered, such as unfitness by the custodial... View More
Our son has lived with me in one state for 3 years and my ex lives out of state. He is now asking for primary custody and wants to move son out of state. Son is doing incredible well here and always lived with me. What are the chances a judge would change to allow exp primary? These is no reason... View More
answered on Sep 20, 2023
The parent would have to prove that there is a material change in circumstances and that it is in the minor child's best interests to change custody. Generally, if a child is doing incredibly well, then the parent asking to change custody to move out-of-state may have an uphill battle to... View More
In highly contentious custody battles, the court often orders a PPA (Primary Physical Assignment) arrangement. Similarly, for cases where child or spousal support becomes a significant point of contention, does the judge typically order the use of DissoMaster? Can I proactively request that the... View More
answered on Sep 20, 2023
Courts are required by California law to follow statewide uniform guidelines in setting child support orders. There are different programs used by practicioners and courts that help calculate guideline child support. Dissomaster is a a paid software used by many practicioners and courts. There is... View More
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